{"id":3946,"date":"2020-10-05T23:29:48","date_gmt":"2020-10-05T21:29:48","guid":{"rendered":"https:\/\/www.human-rights-year.com\/?p=3946"},"modified":"2020-12-29T23:31:07","modified_gmt":"2020-12-29T22:31:07","slug":"the-prosecution-of-sochi-human-rights-activist-semyon-simonov-is-unlawful-and-politically-motivated-memorial-says","status":"publish","type":"post","link":"https:\/\/www.human-rights-year.com\/de\/2020\/10\/05\/the-prosecution-of-sochi-human-rights-activist-semyon-simonov-is-unlawful-and-politically-motivated-memorial-says\/","title":{"rendered":"The prosecution of Sochi human rights activist Semyon Simonov is unlawful and politically motivated, Memorial says"},"content":{"rendered":"

Memorial Human Rights Centre considers Semyon Simonov a\u00a0victim of\u00a0unlawful and politically motivated prosecution. He\u00a0is\u00a0being prosecuted solely for his human rights activities and non-violent exercise of\u00a0his rights and freedoms. This is\u00a0yet another example of\u00a0the government\u2019s\u00a0use of\u00a0the law on\u00a0\u2018foreign agents\u2019 in\u00a0its campaign against human rights organisations. We\u00a0demand that the criminal prosecution of\u00a0Simonov be\u00a0stopped immediately and that the illegitimate legislation on\u00a0\u2018foreign agents\u2019 be\u00a0repealed.<\/strong><\/p>\n

Who is\u00a0Semyon Simonov and what is\u00a0he\u00a0accused of?<\/strong><\/p>\n

Semyon Simonov is\u00a0a\u00a0well-known human rights activist, president of\u00a0the Southern Human Rights Centre and an\u00a0expert with the Moscow Helsinki Group.<\/p>\n

On\u00a018 October 2019 criminal proceedings were instituted against Semyon Simonov for malicious failure to\u00a0comply with a\u00a0court order (Part 2 of\u00a0Article 315 of\u00a0the Russian Criminal Code). At\u00a0issue is\u00a0the failure of\u00a0the Southern Human Rights Centre to\u00a0pay a\u00a0fine of\u00a0300,000 roubles for not registering as\u00a0a\u00a0\u2018foreign agent.\u2019 The organisation does not have the necessary funds. The Investigative Committee argues, however, that the funds are available, referring to\u00a0the fact that Simonov was paying the rent for the premises in\u00a02018\u20132019. Simonov paid the rent from his personal funds in\u00a0order to\u00a0comply with the requirement that the organisation had a\u00a0legal address.<\/p>\n

After three unsuccessful attempts to\u00a0substantiate the accusation, the investigator presented the charges for a\u00a0fourth time on\u00a014 September 2020. Travel restrictions have been imposed on\u00a0Simonov pending trial.<\/p>\n

Why does Memorial consider his prosecution politically motivated and unlawful?<\/strong><\/p>\n

The criminal case against Simonov results from his organisation being recognised as\u00a0a\u00a0\u2018foreign agent\u2019 for its human rights activities. This in\u00a0itself suffices to\u00a0show the unlawfulness and political nature of\u00a0the prosecution. The law on\u00a0\u2018foreign agents\u2019 unjustifiably restricts freedom of\u00a0association and contradicts the principle of\u00a0legal certainty and other fundamental principles of\u00a0law. The authorities openly use this law in\u00a0their campaign against civil society.<\/p>\n

\"\"<\/a><\/p>\n

The prosecution of\u00a0the heads of\u00a0organisations declared to\u00a0be\u00a0\u2018foreign agents\u2019 under Article 315 of\u00a0the Russian Criminal Code is\u00a0a\u00a0new trend in\u00a0this campaign. In\u00a02019 five similar criminal cases were instituted against Aleksandra Koroleva, director of\u00a0the NGO Ekozashchita!. Earlier, both Ecozashchita! and the Southern Human Rights Centre have applied to\u00a0the European Court of\u00a0Human Rights to\u00a0challenge the law on\u00a0\u2018foreign agents.\u2019 Criminal prosecution of\u00a0the heads of\u00a0these organisations could be\u00a0retaliation for applying to\u00a0the ECtHR.<\/p>\n

The political motivation and unlawfulness of\u00a0the prosecution is\u00a0also shown by\u00a0the following:<\/p>\n